“Stand your ground” laws have been controversial since Trayvon Martin’s death. With stand your ground laws in twenty-three states, the unfortunate case of Trayvon Martin was only the beginning. In a recent case, 17-year-old Diren Dede, a German exchange student, was killed when he was shot four times by Markus Kaarma in Montana.

Markus Kaarma was arrested and charged with homicide. Teens “garage hop” in Montana—a game that involves sneaking into random garages to steal beer. Kaarma’s home had been the target of two recent burglaries. In response, Kaarma, father of an infant, installed motion sensors and video cameras to monitor his home. A witness told police that Kaarma had been waiting three nights with his shotgun “to shoot some kid.”

It’s not clear whether Dede entered Kaarma’s home to steal alcohol or the marijuana Kaarma had on his property. Nevertheless, Germany is calling for justice for Dede’s death.

Dede’s death is comparable to Trayvon Martin. In both cases, the state removed requirements for self-defense arguments. In Florida, the state removed the duty to retreat from public places if the person was lawfully there as long as the person didn’t start the conflict. In Montana, lawmakers lowered resident use of deadly force from belief that assailants would use violence to a reasonable belief that deadly force was necessary. The underlying logic is the same: the gun owner’s right to self-defense is paramount.

The problem with this change in self-defense laws is that it undermines the rule of law. If Dede had been captured by the police, he probably would have had a few years in prison for burglary. Instead, he received the death penalty at the discretion of one man. Dede was put to death for a crime which would have warranted at most a few years of jail. And Dede was put to death without trial. Compare that to the murderers and rapists, real vicious criminals, who spend decades on death row with years of appeals before they are executed. Under stand your ground law, young people like Trayvor and Dede are given fewer rights than serial killers.

Politically, this case trades the explosive internal racial tension of Trayvon Martin for international hypocrisy. It’s difficult to sell political rights in countries like China when foreign citizens are being killed for burglary without trial in our own backyard. In 1994, Singapore wanted to cane Michael Fay for vandalism. President Clinton convinced Singapore to commute the sentence from six strokes of a cane to four, even though Singapore canes its own citizens six times for vandalism. Since Dede is dead, Germany cannot ask for clemency for a punishment that Germans feel is barbaric. It’s impossible, given that Dede’s “punishment” is not given to American citizens for the same crime. Somehow, Singapore has more social equality than we do.

This case will surely get so much attention. In defense of your loved-ones and property, you may really need to act and resort to measures that will protect you. Lawmakers need to be very clear when it comes to stand your ground laws.

@ Miguel: Well, its technically burglary with intent to steal, but I think we can both agree its illegal no matter what we label it. As to the difference, the Castle Doctrine means the homeowner has no duty to retreat if the homeowner is in his/her home. ‘Stand your Ground’ extends the doctrine to areas where the person has a legal right to be.

I went over the difference when I compared this case to Trayvon Martin, although I didn’t use the actual terms. In both doctrines though, lawmakers have expanded the right to self defense in ways that stretch what self-defense means.

@ Louise: I agree. The problem I have is that stand your ground laws have lethal consequences. In this case, the prosecution could argue that Kaarma lured Dede to his home by failing to close his garage and by leaving his beer/marijuana out for teenagers to find. I personally don’t buy it because I think teenagers should take responsibility for their own actions, but that’s one angle a state prosecutor might find in a case like this.